Kidd v. Commonwealth

Opinion of the Court by

Stanley, Commissioner—

Affirming.

The appeal is from a conviction imposing a penalty of two years in the penitentiary for violating section 116é, of the Statutes, providing that:

“If any person shall feloniously, in the night or day, break any * * * storehouse * * # with intent to steal # * * any * * # merchandise or other thing of value, * * * he shall be confined in the penitentiary not less than one nor more than five years.”

About half past 2 o’clock one night in June last, a merchant policeman or watchman, in Corbin, heard a noise and then a crash of glass. He went…